The Fairfax Institute is a religious institution exempt from state regulation and oversight in the Commonwealth of Virginia.

Pursuant to 8 VAC 40-21-50 of the Virginia Administrative Code, The Fairfax Institute is exempt from regulations of the State Council for Higher Education for Virginia for a period of five years, beginning June 8, 2016, and ending June 8, 2021, as long as the institution's primary purpose remains to provide religious training or theological education.